The lawsuit alleges that a major contributing factor to be the DPS markings on the side of the Redflex owned and operated talivan. This gives the public the impression that the occupants are peace officers and that the vehicle is owned and operated by a police agency. When a police vehicle is driven by a civilian, it is supposed be clearly marked as such, typically with the words “Not in Service.” If this practice is not followed, it is considered to be a violation of ARS 13-2411, impersonating a peace officer. DPS is alleged to be negligent because they knowingly put civilian contractors in harm’s way by making them impersonate a peace officer as a regular part of their job. While contractors no longer occupy the talivans while parked on the highways (because of the shooting), civilian contractors are still driving and moving the DPS-marked vehicles.

Another major point in the lawsuit is the allegation that DPS knowingly put civilian contractors in harm’s way because they were aware of or should have been aware of attacks on photo radar van operators but did nothing to protect them. PhotoRadarScam.com had reported on several speed van attacks that occured before the shooting, so law enforcement and Redflex should have been fully aware of the propensity for the public to act out against these vehicles, not just locally but world-wide:

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15 Responses to DPS & State of Arizona Sued by Georgianni’s for Shooting Death of Van Operator

“Impersonating a peace officer is a class 6 felony, except that impersonating a peace officer during the commission of any of the following felonies is a class 4 felony: Negligent homicide, Assault, Theft by extortion, Robbery (among the 26 elements listed)”

It seems to me that not only should the lawsuit be pursued for this case, but also one or more of the agencies / private companies involved should face the consequences of a felony conviction.

“However, we have a business model to defend, and we have at least a slight chance of beating this potential proposition this November. We can’t handle any bad PR. So here’s $500,000 – now shut up and go away and never speak of this again… ”

This will quietly settle ASAP. There’s NO WAY Redflex lets this stay out there in the news.

I am sure this will happen again. One of these days someone with a CDL will lose their job and livelihood over this and will retaliate.

You are literally taking money out of people’s pockets that may go to feed their children or pay the rent. The Arizona economy is atrocious, the political scene is contentious, it is like a pressure cooker waiting to blow.

If anything, the drivers are at more of disadvantage NOW then they were before, as people know that the drivers aren’t police officers.

It will be interesting to see how many Redflex vans and cameras have been attacked overseas. At that rate, why not just have bullet proof glass?

Good points. The overwhelming majority of people I have met and talked to who like the cameras say, “there are never any cops on the road, so I can speed all I want as long as I remember where the cameras are.”

This is exactly why the elites have been pursuing “tort reform” When you hear the word “reform” run as fast as you can because it always translates into you are going to get fu%ked.

If they have their way with this tort reform bullshit this family would only be able to sue for a specific amount…say $200,000 Thus the companies would just build into their profit margin the amount of any lawsuit. Then business as usual. There would be no threat of losing it all. Without this threat of a company and its stock holders losing it all they will run amuck to an even worse degree.

I hate to say this…but these lawyers are the only ones keeping these companies in line. We have pirates eating the pirates and I hope Redflex gets pirated for everything they have🙂

The state of AZ and Redflex, have billions, why not raise the ante. Their not going to stop violating people’s rights if all they have to pay is a few million dollars. They make that in a Day. Every time law enforcement accidentally kills someone in custody, a few million goes to families of the victims, yet the killing continues. Redflex and the State of AZ have paid NO PENALTIES for illegal, unconstitutional, violations of our rights. They modify the laws a little at a time to make Photo Radar seem more lawful, but pay NO PENALTIES for past indiscretions. Like calling people on the phone and telling them the Phone Call takes the place of Process Service. Why not sue them for an amount that means something to them?

[…] DPS Lieutenant James Warriner then attempted to use the tragedy for shameful political gain by blaming anti-camera opponents, casting fault away from where it belonged: the shooter, and those who put Mr. Georgianni in harm’s way. (In one of the most underreported Arizona news stories of 2010, DPS is now facing a significant survivor’s lawsuit from the family of the victim.) […]